United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 24, 2007
Charles R. Fulbruge III
Clerk
No. 06-11001
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
JEFFREY THOMAS GEORGE
Defendant - Appellant
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:05-CR-255-ALL
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Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Jeffrey Thomas George appeals his conviction and sentence
for fraud and related activity in connection with computers in
violation of 18 U.S.C. § 1030(a)(4). George argues that the
district court erred in finding that his estranged wife, Kay, had
common authority to consent to a search of a tub found in the
attic of her residence containing incriminating evidence against
him. He contends that he had a reasonable expectation of privacy
in the contents of the tub as evidenced by his actions.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 06-11001
-2-
Kay had exclusive and private use and possession of the
residence, including the attic, pursuant to a state court order.
The tub was found in the attic among other tubs containing
Christmas decorations and items belonging to both Kay and George.
The tub was unsealed, unmarked, and unlocked. Further, George
left the residence in January 2005 and never attempted to enter
the attic to retrieve any of his belongings.
George did not exhibit an expectation of privacy in the
attic or the tub. See United States v. Shelton, 337 F.3d 529,
536-37 (5th Cir. 2003). Therefore, Kay George had common
authority to consent to the search of the attic, including the
tub. Id. Accordingly, the judgment of the district court is
AFFIRMED.